(a) in paragraph (2)-


(i) after the definition of "the Act" there is inserted-

" "the Agency" means the Common Services Agency for the Scottish Health Service constituted under section 10 of the Act;";

(ii) in the definition of "NHS sight test fee"-


(a) in sub-paragraph (a) for "£39.04" there is substituted "£40.33"; and

(b) in sub-paragraph (b) for "£14.10" there is substituted "£14.57";



(iii) for the definition of "responsibility authority" there is substituted-

" "responsible authority" means-
(a) in relation to a voucher completed or a payment made pursuant to Part III, the Health Board for the area in which the testing of sight took place, except for regulation 5 and 6 where it means the Agency;

(b) in relation to a voucher issued or completed pursuant to Part IV, otherwise than by an NHS trust, the Health Board for the area in which the supply of the optical appliance took place, except for regulation 13 where it means the Agency;

(c) in relation to a voucher issued pursuant to regulation 10 or completed pursuant to regulation 16 by an NHS trust, the Health Board in whose area the patient resides;

(d) in relation to a voucher issued or completed pursuant to Part V, otherwise than by an NHS trust, the Health Board for the area in which the replacement or repair of the optical appliance took place except for regulation 15(1)(b) and (2), 16(6) and 18 where it means the Agency;

(e) in relation to a payment made pursuant to Part VI, otherwise than by an NHS trust, the Health Board for the area in which the supply, replacement or repair of the optical appliance to which it relates took place except for regulation 20(3), (4, (5), (6) and (7) where it means the Agency;

(f) in relation to a payment made pursuant to regulation 20 by an NHS trust, the Health Board in whose area the patient resides;";


(iv) for the definition of "small glasses" there is substituted-

" "small glasses" means glasses-
(a) prescribed for a child who is under the age of 7 years at the date of issue of a voucher relating to those glasses where the voucher is issued on the same occasion as the prescription relating to those glasses is issued;

(b) having a frame which is either custom made or a stock frame requiring extensive adaptation to ensure an adequate fit; and

(c) having a boxed centre distance of no more than 55 millimetres, and for this purpose "box centre" is to be construed in accordance with Part 1 of British Standard 3521/91 (Terms relating to ophthalmic optics and spectacle frames) published by the British Standards Institution as effective immediately before 9th March 1999;";



(b) in sub-paragraph (b) of paragraph (3), before the word "where" there is inserted "subject to sub-paragraph (bb),";

(c) after sub-paragraph (b) of paragraph (3), there is inserted-



" (bb) where an optical appliance has a bifocal lens, the reading segment of which is more than 4 dioptres more powerful than the distance segment, the power of the lens shall be determined according to the power of the reading segment; and";



(d) after paragraph (3) there is inserted the following new paragraph-

    " (3A) A reference to "the Agency" in these Regulations includes a reference to the Agency acting on behalf of the Board.".

(a) the figures used where the sight test was carried out at the patient's home is raised from £39.04 to £40.33, which represents an increase of 3.3%; and

(b) the figure used in all other cases is increased from £14.10 to £14.57, which represents an increase of 3.3%.

Regulation 4 amends regulation 8(2) of the principal Regulations to provide that a person's status as an eligible person is determined by reference to the time when he pays for the supply of an optical appliance.

Regulation 5 inserts new paragraphs (1A) and (1B) in regulation 9 of the principal Regulations. These paragraphs set out the circumstances in which an ophthalmic medical practitioner or optician may issue a voucher to a patient who has had a recent sight test without needing to re-test his sight. The regulation also substitutes a reference to the Agency for the reference to a Health Board in relation to the authorisation of vouchers in the case of non-tolerance.

Regulation 6 substitutes a new regulation 11 which increases to 2 years the period during which a patient may apply for a replacement voucher and provides for the Agency, a Health Board or NHS trust to authorise the issue of a replacement voucher rather than itself issuing the replacement.

Regulation 7 increases to 2 years the period during which a patient may present a voucher to a supplier of optical appliances.

Regulation 9 amends regulation 19 of the principal regulations by uprating redemption values of vouchers for replacement or repair.

Regulation 10 amends regulation 20 of the principal Regulations. The regulation amends regulation 20(3) to provide that a claim for payment under regulation 20 must be made by a patient within 3 months after the date on which he paid for the supply, replacement or repair of the optical appliance in respect of which he makes the claim. Regulation 10 also inserts a new paragraph (3A) which provides that a patient who pays by instalments for the supply, replacement or repair of an appliance and who makes a claim under regulation 20(2) must make that claim within 3 months of the payment of the first instalment. A new paragraph (7) is also inserted which provides that the responsible authority must make a payment to the patient in respect of his claim no earlier than the date on which the total value of the instalments paid is at least equivalent to the value of the voucher to which he would have been entitled.

Regulation 12(1) and Part I of the Schedule substitute a new Schedule 1 in the principal Regulations. Regulation 12(2) and Part II of the Schedule substitutes a new Schedule 2 in the principal Regulations and regulation 12(3) amends Schedule 3 to the principal Regulations.

Regulation 13 revokes the provision in Schedule 3 to the principal Regulations concerning the issue or completion by NHS trusts of vouchers in respect of photochromic lenses.